Loading (50 kb)...'

(continued)
of gasoline referred to in paragraph (2) shall be 3.1


263


percent by weight unless such requirement is waived in
accordance with the provisions of this subsection.
(n) Prohibition on Leaded Gasoline for Highway Use.- After
December 31, 1995, it shall be unlawful for any person to sell,
offer for sale, supply, offer for supply, dispense, transport, or
introduce into commerce, for use as fuel in any motor vehicle (as
defined in section 219(2)) any gasoline which contains lead or
lead additives.
(o) Fuel and Fuel Additive Importers and Importation.- For the
purposes of this section, the term "manufacturer" includes an
importer and the term "manufacture" includes importation.
[42 U.S.C. 7545][Section 212 repealed by P.L. 10109549, section
230(10)]
SEC. 213. NONROAD ENGINES AND VEHICLES.
(a) Emissions Standards.- (1) The Administrator shall conduct a
study of emissions from nonroad engines and nonroad vehicles
(other than locomotives or engines used in locomotives) to
determine if such emissions cause, or significantly contribute
to, air pollution which may reasonably be anticipated to endanger
public health or welfare. Such study shall be completed within 12
months of the date of the enactment of the Clean Air Act Amend-
ments of 1990.
(2) After notice and opportunity for public hearing, the
Administrator shall determine within 12 months after completion
of the study under paragraph (1), based upon the results of such
study, whether emissions of carbon monoxide, oxides of nitrogen,
and volatile organic compounds from new and existing nonroad
engines or nonroad vehicles (other than locomotives or engines
used in locomotives) are significant contributors to ozone or
carbon monoxide concentrations in more than 1 area which has
failed to attain the national ambient air quality standards for
ozone or carbon monoxide. Such determination shall be included in
the regulations under paragraph (3).
(3) If the Administrator makes an affirmative determination
under paragraph (2) the Administrator shall, within 12 months
after completion of the study under paragraph (1), promulgate
(and from time to time revise) regulations containing standards
applicable to emissions from those classes or categories of new
nonroad engines and new nonroad vehicles (other than locomotives
or engines used in locomotives) which in the Administrator's
judgment cause, or contribute to, such air pollution. Such
standards shall achieve the greatest degree of emission reduction
achievable through the application of technology which the
Administrator determines will be available for the engines or
vehicles to which such standards apply, giving appropriate
consideration to the cost of applying such technology within the
period of time available to manufacturers and to noise, energy,
and safety factors associated with the application of such
technology. In determining what degree of reduction will be
available, the Administrator shall first consider standards
equivalent in stringency to standards for comparable motor
vehicles or engines (if any) regulated under section 202, taking
into account the technological feasibility, costs, safety, noise,
and energy factors associated with achieving, as appropriate,
standards of such stringency and lead time. The regulations shall
apply to the useful life of the engines or vehicles (as
determined by the Administrator).


264





(4) If the Administrator determines that any emissions not
referred to in paragraph (2) from new nonroad engines or vehicles
significantly contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare, the Administra-
tor may promulgate (and from time to time revise) such
regulations as the Administrator deems appropriate containing
standards applicable to emissions from those classes or
categories of new nonroad engines and new nonroad vehicles (other
than locomotives or engines used in locomotives) which in the
Administrator's judgment cause, or contribute to, such air
pollution, taking into account costs, noise, safety, and energy
factors associated with the application of technology which the
Administrator determines will be available for the engines and
vehicles to which such standards apply. The regulations shall
apply to the useful life of the engines or vehicles (as
determined by the Administrator).
(5) Within 5 years after the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall promulgate
regulations containing standards applicable to emissions from new
locomotives and new engines used in locomotives. Such standards
shall achieve the greatest degree of emission reduction
achievable through the application of technology which the
Administrator determines will be available for the locomotives or
engines to which such standards apply, giving appropriate
consideration to the cost of applying such technology within the
period of time available to
manufacturers and to noise, energy, and safety factors associated
with the application of such technology.
(b) Effective Date.- Standards under this section shall take
effect at the earliest possible date considering the lead time
necessary to permit the development and application of the
requisite technology, giving appropriate consideration to the
cost of compliance within such period and energy and safety.
(c) Safe Controls.- Effective with respect to new engines or
vehicles to which standards under this section apply, no emission
control device, system, or element of design shall be used in
such a new nonroad engine or new nonroad vehicle for purposes of
complying with such standards if such device, system, or element
of design will cause or contribute to an unreasonable risk to
public health, welfare, or safety in its operation or function.
In determining whether an unreasonable risk exists, the
Administrator shall consider factors including those described in
section 202(a)(4)(B).
(d) Enforcement.- The standards under this section shall be
subject to sections 206, 207, 208, and 209, with such modifica-
tions of the applicable regulations implementing such sections as
the Administrator deems appropriate, and shall be enforced in the
same manner as standards prescribed under section 202. The
Administrator shall revise or promulgate regulations as may be
necessary to determine compliance with, and enforce, standards in
effect under this section.
[42 U.S.C. 7547]
STUDY OF PARTICULATE EMISSIONS FROM MOTOR VEHICLES
Sec. 214. (a)(1) The Administrator shall conduct a study
concerning the effects on health and welfare of particulate

265





emissions from motor vehicles or motor vehicle engines to which
section 202 applies. Such study shall characterize and quantify
such emissions and analyze the relationship of such emissions to
various fuels and fuel additives.
(2) The study shall also include an analysis of particulate
emissions from mobile sources which are not related to engine
emissions (including, but not limited to tire debris, and
asbestos from brake lining).
(b) The Administrator shall report to the Congress the findings
and results of the study conducted under subsection (a) not later
than two years after the date of the enactment of the Clean Air
Act Amendments of 1977. Such report shall also include
recommendations for standards or methods to regulate particulate
emissions described in paragraph (2) of subsection (a).
[42 U.S.C. 7548]
HIGH ALTITUDE PERFORMANCE ADJUSTMENTS

Sec. 215. (a)(1) Any action taken with respect to any element
of design installed on or in a motor vehicle or motor vehicle
engine in compliance with regulations under this title (including
any alteration or adjustment of such element), shall be treated
as not in violation of section 203(a) if such action is performed
in
accordance with high altitude adjustment instructions provided by
the manufacturer under subsection (b) and approved by the
Administrator.
(2) If the Administrator finds that adjustments or
modifications made pursuant to instructions of the manufacturer
under paragraph (1) will not insure emission control performance
with respect to each standard under section 202 at least
equivalent to that which would result if no such adjustments or
modifications were made, he shall disapprove such instructions.
Such findings shall be based upon minimum engineering evaluations
consistent with good engineering practice.
(b)(1) Instructions respecting each class or category of
vehicles or engines to which this title applies providing for
such vehicle and engine adjustments and modifications as may be
necessary to insure emission control performance at different
altitudes shall be submitted by the manufacturer to the Adminis-
trator pursuant to regulations promulgated by the Administrator.
(2) Any knowing violation by a manufacturer of requirements of
the Administrator under paragraph (1) shall be treated as a
violation by such manufacturer of section 203(a)(3) for purposes
of the penalties contained in section 205.
(3) Such instruction shall provide, in addition to other
adjustments, for adjustments for vehicles moving from high
altitude areas to low altitude areas after the initial
registration of such vehicles.
(c) No instructions under this section respecting adjustments
or modifications may require the use of any manufacturer parts
(as defined in section 203(a)) unless the manufacturer
demonstrates to the satisfaction of the Administrator that the
use of such manufacturer parts is necessary to insure emission
control performance.


266


(d) Before January 1, 1981 the authority provided by this
section shall be available in any high altitude State (as
determined under regulations of the Administrator under regula-
tions promulgated before the date of the enactment of this Act)
but after December 31, 1980, such authority shall be available
only in any such State in which an inspection and maintenance
program for the testing of motor vehicle emissions has been
instituted for the portions of the State where any national
ambient air quality standard for auto-related pollutants has not
been attained.
(e) High Altitude Testing.- (1) The Administrator shall
promptly establish at least one testing center (in addition to
the testing centers existing on the date of the enactment of the
Clean Air Act Amendments of 1990) located at a site that
represents high altitude conditions, to ascertain in a reasonable
manner whether, when in actual use throughout their useful life
(as determined under section 202(d)), each class or category of
vehicle and engines to which regulations under section 202 apply
conforms to the emissions standards established by such
regulations. For purposes of this subsection, the term "high
altitude conditions" refers to high altitude as defined in
regulations of the Administrator in effect as of the date of the
enactment of the Clean Air Act Amendments of 1990.
(2) The Administrator, in cooperation with the Secretary of
Energy and the Administrator of the Urban Mass Transportation
Administration, and such other agencies as the Administrator
deems appropriate, shall establish a research and technology
assessment center to provide for the development and evaluation
of less-polluting heavy-duty engines and fuels for use in buses,
heavy-duty trucks, and non-road engines and vehicles, which shall
be located at a high-altitude site that represents high-altitude
conditions. In establishing and funding such a center, the
Administrator shall give preference to proposals which provide
for local cost-sharing of facilities and recovery of costs of
operation through utilization of such facility for the purposes
of this section.
(3) The Administrator shall designate at least one center at
high-altitude conditions to provide research on after-market
emission components, dual-fueled vehicles and conversion kits,
the effects of tampering on emissions equipment, testing of
alternate fuels and conversion kits, and the development of
curricula, training courses, and materials to maximize the
effectiveness of inspection and maintenance programs as they
relate to promoting effective control of vehicle emissions at
high-altitude elevations. Preference shall be given to existing
vehicle emissions testing and research centers that have
established reputations for vehicle emissions research and
development and training, and that possess in-house Federal Test
Procedure capacity.
[42 U.S.C. 7549]
DEFINITIONS FOR PART A
Sec. 216. As used in this part-
(1) The term "manufacturer" as used in sections 202, 203,
206, 207, and 208 means any person engaged in the
manufacturing or assembling of new motor vehicles, new motor
vehicle engines, new nonroad vehicles or new nonroad
engines, or importing such vehicles or engines for resale,
or who acts for and is under the control of any such person

267





in connection with the distribution of new motor vehicles,
new motor vehicle engines, new nonroad vehicles or new
nonroad engines, but shall not include any dealer with
respect to new motor vehicles, new motor vehicle engines,
new nonroad vehicles or new nonroad engines received by him
in commerce.
(2) The term "motor vehicle" means any self-propelled
vehicle designed for transporting persons or property on a
street or highway.
(3) Except with respect to vehicles or engines imported or
offered for importation, the term "new motor vehicle" means
a motor vehicle the equitable or legal title to which has
never been transferred to an ultimate purchaser; and the
term "new motor vehicle engine" means an engine in a new
motor vehicle or a motor vehicle engine the equitable or
legal title to which has never been transferred to the
ultimate purchaser; and with respect to imported vehicles or
engines, such terms mean a motor vehicle and engine,
respectively, manufactured after the effective date of a
regulation issued under section 202 which is applicable to
such vehicle or engine (or which would be applicable to such
vehicle or engine had it been manufactured for importation
into the United States).
(4) The term "dealer" means any person who is engaged in
the sale or the distribution of new motor vehicles or new
motor vehicle engines to the ultimate purchaser.
(5) The term "ultimate purchaser" means, with respect to
any new motor vehicle or new motor vehicle engine, the first
person who in good faith purchases such new motor vehicle or
new engine for purposes other than resale.
(6) The term "commerce" means (A) commerce between any
place in any State and any place outside thereof; and (B)
commerce wholly within the District of Columbia.
(7) Vehicle curb weight, gross vehicle weight rating,
light-duty truck, light-duty vehicle, and loaded vehicle
weight.- The terms "vehicle curb weight", "gross vehicle
weight rating" (GVWR), "light-duty truck" (LDT), light-duty
vehicle, and "loaded vehicle weight" (LVW) have the meaning
provided in regulations promulgated by the Administrator and
in effect as of the enactment of the Clean Air Act
Amendments of 1990. The abbreviations in parentheses
corresponding to any term referred to in this paragraph
shall have the same meaning as the corresponding term.
(8) Test weight.- The term "test weight" and the abbrevia-
tion "tw" mean the vehicle curb weight added to the gross
vehicle weight rating (gvwr) and divided by 2.
(9) Motor vehicle or engine part manufacturer.- The term
"motor vehicle or engine part manufacturer" as used in
sections 207 and 208 means any person engaged in the
manufacturing, assembling or rebuilding of any device,
system, part, component or element of design which is
installed in or on motor vehicles or motor vehicle engines.
(10) Nonroad engine.- The term "nonroad engine" means an
internal combustion engine (including the fuel system) that
is not used in a motor vehicle or a vehicle used solely for

268





competition, or that is not subject to standards promulgated
under section 111 or section 202.
(11) Nonroad vehicle.- The term "nonroad vehicle" means a
vehicle that is powered by a nonroad engine and that is not
a motor vehicle or a vehicle used solely for competition.
[42 U.S.C. 7550]
SEC. 217. MOTOR VEHICLE COMPLIANCE PROGRAM FEES.
(a) Fee Collection.- Consistent with section 9701 of title 31,
United States Code, the Administrator may promulgate (and from
time to time revise) regulations establishing fees to recover all
reasonable costs to the Administrator associated with-
(1) new vehicle or engine certification under section
206(a) or part C,
(2) new vehicle or engine compliance monitoring and
testing under section 206(b) or part C, and
(3) in-use vehicle or engine compliance monitoring and
testing under section 207(c) or part C.
The Administrator may establish for all foreign and domestic
manufacturers a fee schedule based on such factors as the
Administrator finds appropriate and equitable and
nondiscriminatory, including the number of vehicles or engines
produced under a
certificate of conformity. In the case of heavy-duty engine and
vehicle manufacturers, such fees shall not exceed a reasonable
amount to recover an appropriate portion of such reasonable
costs.
(b) Special Treasury Fund.- Any fees collected under this section
shall be deposited in a special fund in the United States
Treasury for licensing and other services which thereafter shall
be available for appropriation, to remain available until
expended, to carry out the Agency's activities for which the fees
were collected.
(c) Limitation on Fund Use.- Moneys in the special fund
referred to in subsection (b) shall not be used until after the
first fiscal year commencing after the first July 1 when fees are
paid into the fund.
(d) Administrator's Testing Authority.- Nothing in this subsec-
tion shall be construed to limit the Administrator's authority to
require manufacturer or confirmatory testing as provided in this
part.
[42 U.S.C. 7552]
SEC. 218. PROHIBITION ON PRODUCTION OF ENGINES REQUIRING
LEADED GASOLINE.
The Administrator shall promulgate regulations applicable to
motor vehicle engines and nonroad engines manufactured after
model year 1992 that prohibit the manufacture, sale, or
introduction into commerce of any engine that requires leaded
gasoline.
[42 U.S.C. 7553]
SEC. 219. URBAN BUS STANDARDS.
(a) Standards for Model Years After 1993.- Not later than
January 1, 1992,the Administrator shall promulgate regulations
under section 202(a) applicable to urban buses for the model year
1994 and thereafter. Such standards shall be based on the best
technology that can reasonably be anticipated to be available at

269





the time such measures are to be implemented, taking costs,
safety, energy, lead time, and other relevant factors into
account. Such regulations shall require that such urban buses
comply with the provisions of subsection (b) of this section (and
subsection (c) of this subsection, if applicable) in addition to
compliance with the standards applicable under section 202(a) for
heavy-duty vehicles of the same type and model year.
(b) PM Standard.-
(1) 50 percent reduction.- The standards under section
202(a) applicable to urban buses shall require that, effec-
tive for the model year 1994 and thereafter, emissions of
particulate matter (PM) from urban buses shall not exceed 50
percent of the emissions of particulate matter (PM) allowed
under the emission standard applicable under section 202(a)
as of the date of the enactment of the Clean Air Act Amend-
ments of 1990 for particulate matter (PM) in the case of
heavy-duty diesel vehicles and engines manufactured in the
model year 1994.
(2) Revised reduction.- The Administrator shall increase
the level of emissions of particulate matter allowed under
the standard referred to in paragraph (1) if the Administra-
tor determines that the 50 percent reduction referred to in
paragraph (1) is not technologically achievable, taking into
account durability, costs, lead time, safety, and other
relevant factors. The Administrator may not increase such
level of emissions above 70 percent of the emissions of
particulate matter (PM) allowed under the emission standard
applicable under section 202(a) as of the date of the enact-
ment of the Clean Air Act Amendments of 1990 for particulate
matter (PM) in the case of heavy-duty diesel vehicles and
engines manufactured in the model year 1994.
(3) Determination as part of rule.- As part of the
rulemaking under subsection (a), the Administrator shall
make a determination as to whether the 50 percent reduction
referred to in paragraph (1) is technologically achievable,
taking into account durability, costs, lead time, safety,
and other relevant factors.
(c) Low-Polluting Fuel Requirement.-
(1) Annual testing.- Beginning with model year 1994 buses,
the Administrator shall conduct annual tests of a
representative sample of operating urban buses subject to
the particulate matter (PM) standard applicable pursuant to
subsection (b) to determine whether such buses comply with
such standard in use over their full useful life.
(2) Promulgation of additional low-polluting fuel require-
ment.- (A) If the Administrator determines, based on the
testing under paragraph (1), that urban buses subject to the
particulate matter (PM) standard applicable pursuant to
subsection (b) do not comply with such standard in use over
their full useful life, he shall revise the standards
applicable to such buses to require (in addition to compli-
ance with the PM standard applicable pursuant to subsection
(b)) that all new urban buses purchased or placed into
service by owners or operators of urban buses in all metro-
politan statistical areas or consolidated metropolitan

270





statistical areas with a 1980 population of 750,000 or more
shall be capable of operating, and shall be exclusively
operated, on low-polluting fuels. The Administrator shall
establish the pass-fail rate for purposes of testing under
this subparagraph.
(B) The Administrator shall promulgate a schedule phasing
in any low-polluting fuel requirement established pursuant
to this paragraph to an increasing percentage of new urban
buses purchased or placed into service in each of the first
5 model years commencing 3 years after the determination
under subparagraph (A). Under such schedule 100 percent of
new urban buses placed into service in the fifth model year
commencing 3 years after the determination under
subparagraph (A) shall comply with the low-polluting fuel
requirement established pursuant to this paragraph.
(C) The Administrator may extend the requirements of this
paragraph to metropolitan statistical areas or consolidated
metropolitan statistical areas with a 1980 population of
less than 750,000, if the Administrator determines that a
significant benefit to public health could be expected to
result from such extension.
(d) Retrofit Requirements.- Not later than 12 months after the
enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate regulations under section 202(a)
requiring that urban buses which-
(1) are operating in areas referred to in subparagraph (A)
of subsection (c)(2) (or subparagraph (C) of subsection
(c)(2) if the Administrator has taken action under that
subparagraph);
(2) were not subject to standards in effect under the
regulations under subsection (a); and
(3) have their engines replaced or rebuilt after January
1, 1995,
shall comply with an emissions standard or emissions control
technology requirement established by the Administrator in such
regulations. Such emissions standard or emissions control
technology requirement shall reflect the best retrofit technology
and maintenance practices reasonably achievable.
(e) Procedures for Administration and Enforcement.- The
Administrator shall establish, within 18 months after the
enactment of the Clean Air Act Amendments to 1990, and in
accordance with section 206(h), procedures for the administration
and enforcement of standards for buses subject to standards under
this section, testing procedures, sampling protocols, in-use
compliance requirements, and criteria governing evaluation of
buses. Procedures for testing (including, but not limited to,
certification testing) shall reflect actual operating conditions.
(f) Definitions.- For purposes of this section-
(1) Urban bus.- The term "urban bus" has the meaning
provided under regulations of the Administrator promulgated
under section 202(a).
(2) Low-polluting fuel.- The term "low-polluting fuel"
means methanol, ethanol, propane, or natural gas, or any
comparably low-polluting fuel. In determining whether a fuel
is comparably low-polluting, the Administrator shall

271





consider both the level of emissions of air pollutants from
vehicles using the fuel and the contribution of such
emissions to ambient levels of air pollutants. For purposes
of this paragraph, the term "methanol" includes any fuel
which contains at least 85 percent methanol unless the
Administrator increases such percentage as he deems
appropriate to protect public health and welfare.
[42 U.S.C. 7554]
PART B- AIRCRAFT EMISSION STANDARDS

ESTABLISHMENT OF STANDARDS
Sec. 231. (a)(1) Within 90 days after the date of enactment of
the Clean Air Amendments of 1970, the Administrator shall
commence a study and investigation of emissions of air pollutants
from aircraft in order to determine-
(A) the extent to which such emissions affect air quality
in air quality control regions throughout the United States,
and
(B) the technological feasibility of controlling such
emissions.
(2) The Administrator shall, from time to time, issue proposed
emission standards applicable to the emission of any air
pollutant from any class or classes of aircraft engines which in
his judgment causes, or contributes to, air pollution which may
reasonably be anticipated to endanger public health or welfare.
(3) The Administrator shall hold public hearings with respect
to such proposed standards. Such hearings shall, to the extent
practicable, be held in air quality control regions which are
most seriously affected by aircraft emissions. Within 90 days
after the issuance of such proposed regulations, he shall issue
such regulation with such modifications as he deems appropriate.
Such regulations may be revised from time to time.
(b) Any regulation prescribed under this section (and any
revision thereof) shall take effect after such period as the
Administrator finds necessary (after consultation with the
Secretary of Transportation) to permit the development and
application of the requisite technology, giving appropriate
consideration to the cost of compliance within such period.
(c) Any regulations in effect under this section on date of
enactment of the Clean Air Act Amendments of 1977 or proposed or
promulgated thereafter, or amendments thereto, with respect to
aircraft shall not apply if disapproved by the President, after
notice and opportunity for public hearing, on the basis of a
finding by the Secretary of Transportation that any such regula-
tion would create a hazard to aircraft safety. Any such finding
shall include a reasonably specific statement of the basis upon
which the finding was made.
[42 U.S.C. 7571]
ENFORCEMENT OF STANDARDS

Sec. 232. (a) The Secretary of Transportation, after consulta-
tion with the Administrator, shall prescribe regulations to
insure compliance with all standards prescribed under section 231
by the Administrator. The regulations of the Secretary of
Transportation shall include provisions making such standards

272


applicable in the issuance, amendment, modification, suspension,
or revocation of any certificate authorized by the Federal
Aviation Act or the Department of Transportation Act. Such
Secretary shall insure that all necessary inspections are
accomplished, and, may execute any power or duty vested in him by
any other provision of law in the execution of all powers and
duties vested in him under this section.
(b) In any action to amend, modify, suspend, or revoke a
certificate in which violation of an emission standard prescribed
under section 231 or of a regulation prescribed under subsection
(a) is at issue, the certificate holder shall have the same
notice and appeal rights as are prescribed for such holders in
the Federal Aviation Act of 1958 or the Department of
Transportation Act, except that in any appeal to the National
Transportation Safety Board, the Board may amend, modify, or
revoke the order of the Secretary of Transportation only if it
finds no violation of such standard or regulation and that such
amendment, modification,
or revocation is consistent with safety in air transportation.
[42 U.S.C. 7572]

STATE STANDARDS AND CONTROLS

Sec. 233. No State or political subdivision thereof may adopt
or attempt to enforce any standard respecting emissions of any
air pollutant from any aircraft or engine thereof unless such
standard is identical to a standard applicable to such aircraft
under this part.
[42 U.S.C. 7573]

DEFINITIONS

Sec. 234. Terms used in this part (other than Administrator)
shall have the same meaning as such terms have under section 101
of the Federal Aviation Act of 1958.
[42 U.S.C. 7574]

PART C- CLEAN FUEL VEHICLES

SEC. 241. DEFINITIONS.
For purposes of this part-
(1) Terms defined in part a.- The definitions applicable
to part A under section 216 shall also apply for purposes of
this part.
(2) Clean alternative fuel.- The term "clean alternative
fuel" means any fuel (including methanol, ethanol, or other
alcohols (including any mixture thereof containing 85
percent or more by volume of such alcohol with gasoline or
other fuels), reformulated gasoline, diesel, natural gas,
liquefied petroleum gas, and hydrogen) or power source
(including electricity) used in a clean-fuel vehicle that
complies with the standards and requirements applicable to
such vehicle under this title when using such fuel or power
source. In the case of any flexible fuel vehicle or dual
fuel vehicle, the term "clean alternative fuel" means only a
fuel with respect to which such vehicle was certified as a
clean-fuel vehicle meeting the standards applicable to
clean-fuel vehicles under section 243(d)(2) when operating

273





on clean alternative fuel (or any CARB standards which
replaces such standards pursuant to section 243(e)).
(3) NMOG.- The term nonmethane organic gas ("NMOG") means
the sum of nonoxygenated and oxygenated hydrocarbons con-
tained in a gas sample, including, at a minimum, all oxygen-
ated organic gases containing 5 or fewer carbon atoms (i.e.,
aldehydes, ketones, alcohols, ethers, etc.), and all known
alkanes, alkenes, alkynes, and aromatics containing 12 or
fewer carbon atoms. To demonstrate compliance with a NMOG
standard, NMOG emissions shall be measured in accordance
with the "California Non-Methane Organic Gas Test
Procedures". In the case of vehicles using fuels other than
base gasoline, the level of NMOG emissions shall be adjusted
based on
the reactivity of the emissions relative to vehicles using
base gasoline.
(4) Base gasoline.- The term "base gasoline" means
gasoline which meets the following specifications:
Specifications of Base Gasoline Used as Basis for
Reactivity Readjustment:
API gravity . . . . . . . . . . . . . . . . . . 57.8
Sulfur, ppm . . . . . . . . . . . . . . . . . . 317
Color . . . . . . . . . . . . . . . . . . . . Purple
Benzene, vol. % . . . . . . . . . . . . . . . . 1.35
Reid vapor pressure . . . . . . . . . . . . . . 8.7
Drivability . . . . . . . . . . . . . . . . . . 1195
Antiknock index . . . . . . . . . . . . . . . . 87.3
Distillation, D-86 øF
IBP . . . . . . . . . . . . . . . . . . . . . . . 92
10% . . . . . . . . . . . . . . . . . . . . . . 126
50% . . . . . . . . . . . . . . . . . . . . . . 219
90% . . . . . . . . . . . . . . . . . . . . . . 327
EP . . . . . . . . . . . . . . . . . . . . . . 414
Hydrocarbon Type, Vol. % FIA:
Aromatics . . . . . . . . . . . . . . . . . . . . 30.9
Olefins . . . . . . . . . . . . . . . . . . . . . 8.2
Saturates . . . . . . . . . . . . . . . . . . . . 60.9
The Administrator shall modify the definitions of NMOG, base
gasoline, and the methods for making reactivity adjustments,
to conform to the definitions and method used in California
under the Low-Emission Vehicle and Clean Fuel Regulations of
the California Air Resources Board, so long as the
California definitions are, in the aggregate, at least as
protective of public health and welfare as the definitions
in this section.
(5) Covered fleet.- The term "covered fleet" means 10 or
more motor vehicles which are owned or operated by a single
person. In determining the number of vehicles owned or
operated by a single person for purposes of this paragraph,
all motor vehicles owned or operated, leased or otherwise
controlled by such person, by any person who controls such
person, by any person controlled by such person, and by any
person under common control with such person shall be
treated as owned by such person. The term "covered fleet"
shall not include motor vehicles held for lease or rental to

274





the general public, motor vehicles held for sale by motor
vehicle dealers (including demonstration vehicles), motor
vehicles used for motor vehicle manufacturer product
evaluations or tests, law enforcement and other emergency
vehicles, or nonroad vehicles (including farm and
construction vehicles).
(6) Covered fleet vehicle.- The term "overed fleet
vehicle" means only a motor vehicle which is-
(i) in a vehicle class for which standards are
applicable under this part; and
(ii) in a covered fleet which is centrally fueled (or
capable of being centrally fueled).
No vehicle which under normal operations is garaged at a
personal residence at night shall be considered to be a
vehicle which is capable of being centrally fueled within
the meaning of this paragraph.
(7) Clean-fuel vehicle.- The term "clean-fuel vehicle"
means a vehicle in a class or category of vehicles which has
been certified to meet for any model year the clean-fuel
vehicle standards applicable under this part for that model
year to clean-fuel vehicles in that class or category.
[42 U.S.C. 7581]

SEC. 242. REQUIREMENTS APPLICABLE TO CLEAN FUEL VEHICLES.
(a) Promulgation of Standards.- Not later than 24 months after
the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate regulations under this part
containing clean-fuel vehicle standards for the clean-fuel
vehicles specified in this part.
(b) Other Requirements.- Clean-fuel vehicles of up to 8,500
gvwr subject to standards set forth in this part shall comply
with all motor vehicle requirements of this title (such as
requirements relating to on-board diagnostics, evaporative
emissions, etc.) which are applicable to conventional
gasoline-fueled vehicles of the same category and model year,
except as provided in section 244 with respect to administration
and enforcement, and except to the extent that any such
requirement is in conflict with the provisions of this part.
Clean-fuel vehicles of 8,500 gvwr or greater subject to standards
set forth in this part shall comply with all requirements of this
title which are applicable in the case of conventional
gasoline-fueled or diesel fueled vehicles of the same category
and model year, except as provided in section 244 with respect to
administration and enforcement, and except to the extent that any
such requirement is in conflict with the provisions of this part.
(c) In-use Useful Life and Testing.- (1) In the case of light-
-duty vehicles and light-duty trucks up to 6,000 lbs gvwr, the
useful life for purposes of determining in-use compliance with
the standards under section 243 shall be-
(A) a period of 5 years or 50,000 miles (or the
equivalent) whichever first occurs, in the case of standards
applicable for purposes of certification at 50,000 miles;
and
(B) a period of 10 years or 100,000 miles (or the equiva-
lent) whichever first occurs, in the case of standards

275





applicable for purposes of certification at 100,000 miles,
except that in-use testing shall not be done for a period
beyond 7 years or 75,000 miles (or the equivalent) whichever
first occurs.
(2) In the case of light-duty trucks of more than 6,000 lbs
gvwr, the useful life for purposes of determining in-use compli-
ance with the standards under section 243 shall be-
(A) a period of 5 years or 50,000 miles (or the
equivalent) whichever first occurs in the case of standards
applicable for purposes of certification at 50,000 miles;
and
(B) a period of 11 years or 120,000 miles (or the equiva-
lent) whichever first occurs in the case of standards
applicable for purposes of certification at 120,000 miles,
except that in-use testing shall not be done for a period
beyond 7 years or 90,000 miles (or the equivalent) whichever
first occurs.
[42 U.S.C. 7582]
SEC. 243. STANDARDS FOR LIGHT-DUTY CLEAN FUEL VEHICLES.
(a) Exhaust Standards for Light-Duty Vehicles and Certain
Light-Duty Trucks.- The standards set forth in this subsection
shall apply in the case of clean-fuel vehicles which are light-
duty trucks of up to 6,000 lbs. gross vehicle weight rating
(gvwr) (but not including light-duty trucks of more than 3,750
lbs. loaded vehicle weight (lvw)) or light-duty vehicles:
Sec. 243
(1) Phase i.- Beginning with model year 1996, for the air
pollutants specified in the following table, the clean-fuel
vehicle standards under this section shall provide that
vehicle exhaust emissions shall not exceed the levels speci-
fied in the following table:

PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND
LIGHT-DUTY VEHICLES

Pollutant NMOG CO NOx PM HCO
(formal-
dehyde)

50,000 mile standard 0.160 4.4 0.7 .... 0.018
100,000 mile standard 0.200 5.5 0.9 0.08* 0.023

Standards are expressed in grams per mile (gpm)
* Standards for particulates (PM) shall apply only to dieselfueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certification,
the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.

(2) Phase ii.- Beginning with model year 2001, for air
pollutants specified in the following table, the clean-fuel
vehicle standards under this section shall provide that
vehicle exhaust emissions shall not exceed the levels speci-
fied in the following table.



276





PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
TRUCKS OF UP TO 3,750 LBS. LVW AND UP TO 6,000 LBS. GVWR AND
LIGHT-DUTY VEHICLES
Pollutant NMOG CO NOx PM HCO
(formal-
dehyde)

50,000 mile standard 0.075 3.4 0.2 0.015
100,000 mile standard 0.090 4.2 0.3 0.08 0.018

Standards are expressed in grams per mile (gpm)
* Standards for particulates (PM) shall apply only to dieselfueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certification,
the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.

(b) Exhaust Standards for Light-Duty Trucks of More Than 3,750
Lbs. LVW and up to 5,750 Lbs. LVW and up to 6,000 Lbs. GVWR.- The
standards set forth in this paragraph shall apply in the case of
clean-fuel vehicles which are light-duty trucks of more than
3,750
lbs. loaded vehicle weight (LVW) but not more than 5,750 lbs. LVW
and not more than 6,000 lbs. gross weight rating (GVWR):
(1) Phase i.- Beginning with model year 1996, for the air
pollutants specified in the following table, the clean-fuel
vehicle standards under this section shall provide that
vehicle exhaust emissions shall not exceed the levels speci-
fied in the following table.

PHASE I CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
TRUCKS OF MORE THAN 3,750 LBS. AND UP TO 5,750 LBS. LVW AND UP
TO 6,000 LBS. GVWR

Pollutant NMOG CO NOx PM* HCO
(formal-
dehyde)
50,000 mile standard 0.160 4.4 0.7 .... 0.018
100,000 mile standard 0.200 5.5 0.9 0.08 0.023


Standards are expressed in grams per mile (gpm).
* Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certification,
the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.

(2) Phase ii.- Beginning with model year 2001, for the air
pollutants specified in the following table, the clean-fuel
vehicle standards under this section shall provide that
vehicle exhaust emissions shall not exceed the levels speci-
fied in the following table.

PHASE II CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT-DUTY
TRUCKS OF MORE THAN 3,750 LBS. LVW AND UP TO 5,750 LBS. LVW AND
UP TO 6,000 LBS. GVWR



277





Pollutant NMOG CO NOx PM HCO
(formal-
dehyde)

50,000 mile standard 0.100 4.4 0.4 0.018
100,000 mile standard 0.130 5.5 0.5 0.08 0.023

Standards are expressed in grams per mile (gpm).
* Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
In the case of the 50,000 mile standards and the 100,000 mile standards, for purposes of certification,
the applicable useful life shall be 50,000 miles or 100,000 miles, respectively.

(c) Exhaust Standards for Light-Duty Trucks Greater Than 6,000
Lbs. GVWR.- The standards set forth in this subsection shall
apply in the case of clean-fuel vehicles which are light-duty
trucks of more than 6,000 lbs. gross weight rating (GVWR) and
less than or equal to 8,500 lbs. GVWR, beginning with model year
1998. For the air pollutants specified in the following table,
the clean fuel vehicle standards under this section shall provide
that vehicle exhaust emissions of vehicles within the test weight
categories specified in the following table shall not exceed the
levels specified in such table.
CLEAN FUEL VEHICLE EMISSION STANDARDS FOR LIGHT DUTY TRUCKS
GREATER THAN 6,000 LBS. GVWR

Test Weight Category: Up to 3,750 Lbs. tw


Pollutant NMOG CO NOx PM HCO
(formal-
dehyde)
50,000 mile standard 0.125 3.4 0.4** 0.015
100,000 mile standard 0.180 5.0 0.6 0.08 0.022



Test Weight Category: Above 3,750 but not above 5,750 lbs. TW

Pollutant NMOG CO NOx PM HCO
(formal-
dehyde)

50,000 mile standard 0.160 4.4 0.7** 0.018
100,000 mile standard 0.230 6.4 1.0 0.10 0.027


Test Weight Category: Above 5,750 TW but not above 8,500 lbs.
GVWR


Pollutant NMOG CO NOx PM HCO
(formal-
dehyde)



278





50,000 mile standard 0.195 5.0 1.1** 0.022
100,000 mile standard 0.280 7.3 1.5 0.12 0.032

Standards are expressed in grams per mile (gpm).
* Standards for particulates (PM) shall apply only to diesel-fueled vehicles.
** Standard not applicable to diesel-fueled vehicles.
For the 50,000 mile standards and the 120,000 mile standards set forth in the table, the applicable useful
life for purposes of certification shall be 50,000 miles or 120,000 miles, respectively.

(d) Flexible and Dual-Fuel Vehicles.-
(1) In general.- The Administrator shall establish stan-
dards and requirements under this section for the model year
1996 and thereafter for vehicles weighing not more than
8,500 lbs. gvwr which are capable of operating on more than
one fuel. Such standards shall require that such vehicles
meet the exhaust standards applicable under subsection (a),
(b), and (c) for CO, NOx , and HCHO, and if appropriate, PM
for single-fuel vehicles of the same vehicle category and
model year.
(2) Exhaust nmog standard for operation on clean alterna-
tive fuel.- In addition to standards for the pollutants
referred to in paragraph (1), the standards established
under paragraph (1) shall require that vehicle exhaust
emissions of NMOG not exceed the levels (expressed in grams
per mile)
specified in the tables below when the vehicle is operated
on the clean alternative fuel for which such vehicle is
certified:

NMOG STANDARDS FOR FLEXIBLE- AND DUAL-FUELED VEHICLES WHEN
OPERATING ON CLEAN ALTERNATIVE FUEL

Light-duty Trucks up to 6,000 lbs. GVWR and Light-duty vehicles


Vehicle Type Column A Column B
(50,000 mi.) (100,00 mi.)Standard Standard (continued)